The Basic Works of Aristotle (Modern Library Classics) (229 page)

12
     The above are the motives that make men do wrong to others; we are next to consider the states of mind in which they do it,
(5)
and the persons to whom they do it.

They must themselves suppose that the thing can be done, and done by them: either that they can do it without being found out, or that if they are found out they can escape being punished, or that if they are punished the disadvantage will be less than the gain for themselves or those they care for. The general subject of apparent possibility and impossibility will be handled later on,
⁶¹
since it is relevant not only to forensic but to all kinds of speaking.
(10)
But it may here be said that people think that they can themselves most easily do wrong to others without being punished for it if they possess eloquence, or practical ability, or much legal experience, or a large body of friends, or a great deal of money. Their confidence is greatest if they personally possess the advantages mentioned: but even without them they are satisfied if they have friends or supporters or partners who do possess them: they can thus both commit their crimes and escape being found out and punished for committing them.
(15)
They are also safe, they think, if they are on good terms with their victims
or with the judges who try them. Their victims will in that case not be on their guard against being wronged, and will make some arrangement with them instead of prosecuting; while their judges will favour them because they like them,
(20)
either letting them off altogether or imposing light sentences. They are not likely to be found out if their appearance contradicts the charges that might be brought against them: for instance, a weakling is unlikely to be charged with violent assault, or a poor and ugly man with adultery. Public and open injuries are the easiest to do, because nobody could at all suppose them possible, and therefore no precautions are taken. The same is true of crimes so great and terrible that no man living could be suspected of them: here too no precautions are taken.
(25)
For all men guard against ordinary offences, just as they guard against ordinary diseases; but no one takes precautions against a disease that nobody has ever had. You feel safe, too, if you have either no enemies or a great many; if you have none, you expect not to be watched and therefore not to be detected; if you have a great many, you will be watched, and therefore people will think you can never risk an attempt on them,
(30)
and you can defend your innocence by pointing out that you could never have taken such a risk. You may also trust to hide your crime by the way you do it or the place you do it in, or by some convenient means of disposal.

You may feel that even if you are found out you can stave off a trial, or have it postponed, or corrupt your judges: or that even if you are sentenced you can avoid paying damages, or can at least postpone doing so for a long time: or that you are so badly off that you will have nothing to lose.
(35)
You may feel that the gain to be got by wrongdoing is great or certain or immediate, and that the penalty is small or uncertain or distant. It may be that the advantage to be gained is greater than any possible retribution: as in the case of despotic power, according to the popular view.
[1372b]
You may consider your crimes as bringing you solid profit, while their punishment is nothing more than being called bad names. Or the opposite argument may appeal to you: your crimes may bring you some credit (thus you may, incidentally, be avenging your father or mother, like Zeno),
(5)
whereas the punishment may amount to a fine, or banishment, or something of that sort. People may be led on to wrong others by either of these motives or feelings; but no man by both—they will affect people of quite opposite characters. You may be encouraged by having often escaped detection or punishment already; or by having often tried and failed; for in crime, as in war, there are men who will always refuse to give up the struggle.
(10)
You may get your pleasure on the spot
and the pain later, or the gain on the spot and the loss later. That is what appeals to weak-willed persons—and weakness of will may be shown with regard to all the objects of desire. It may on the contrary appeal to you—as it does appeal to self-controlled and sensible people—that the pain and loss are immediate,
(15)
while the pleasure and profit come later and last longer. You may feel able to make it appear that your crime was due to chance, or to necessity, or to natural causes, or to habit: in fact, to put it generally, as if you had failed to do right rather than actually done wrong. You may be able to trust other people to judge you equitably. You may be stimulated by being in want: which may mean that you want necessaries,
(20)
as poor people do, or that you want luxuries, as rich people do. You may be encouraged by having a particularly good reputation, because that will save you from being suspected: or by having a particularly bad one, because nothing you are likely to do will make it worse.

The above, then, are the various states of mind in which a man sets about doing wrong to others. The kind of people to whom he does wrong, and the ways in which he does it, must be considered next. The people to whom he does it are those who have what he wants himself,
(25)
whether this means necessities or luxuries and materials for enjoyment. His victims may be far off or near at hand. If they are near, he gets his profit quickly; if they are far off, vengeance is slow, as those think who plunder the Carthaginians. They may be those who are trustful instead of being cautious and watchful, since all such people are easy to elude. Or those who are too easy-going to have enough energy to prosecute an offender.
(30)
Or sensitive people, who are not apt to show fight over questions of money. Or those who have been wronged already by many people, and yet have not prosecuted; such men must surely be the proverbial ‘Mysian prey’.
⁶²
Or those who have either never or often been wronged before; in neither case will they take precautions; if they have never been wronged they think they never will, and if they have often been wronged they feel that surely it cannot happen again.
(35)
Or those whose character has been attacked in the past, or is exposed to attack in the future: they will be too much frightened of the judges to make up their minds to prosecute, nor can they win their case if they do: this is true of those who are hated or unpopular.
[1373a]
Another likely class of victim is those who their injurer can pretend have, themselves or through their ancestors or friends, treated badly, or intended to treat badly, the man himself, or his ancestors, or those he cares for; as the proverb says, ‘wickedness needs but a pretext’. A man may wrong his enemies,
because that is pleasant: he may equally wrong his friends, because that is easy. Then there are those who have no friends,
(5)
and those who lack eloquence and practical capacity; these will either not attempt to prosecute, or they will come to terms, or failing that they will lose their case. There are those whom it does not pay to waste time in waiting for trial or damages, such as foreigners and small farmers; they will settle for a trifle, and always be ready to leave off. Also those who have themselves wronged others, either often,
(10)
or in the same way as they are now being wronged themselves—for it is felt that next to no wrong is done to people when it is the same wrong as they have often themselves done to others: if, for instance, you assault a man who has been accustomed to behave with violence to others. So too with those who have done wrong to others, or have meant to, or mean to, or are likely to do so; there is something fine and pleasant in wronging such persons,
(15)
it seems as though almost no wrong were done. Also those by doing wrong to whom we shall be gratifying our friends, or those we admire or love, or our masters, or in general the people by reference to whom we mould our lives. Also those whom we may wrong and yet be sure of equitable treatment. Also those against whom we have had any grievance, or any previous differences with them, as Callippus had when he behaved as he did to Dion: here too it seems as if almost no wrong were being done.
(20)
Also those who are on the point of being wronged by others if we fail to wrong them ourselves, since here we feel we have no time left for thinking the matter over. So Aenesidemus is said to have sent the ‘cottabus’ prize to Gelon, who had just reduced a town to slavery, because Gelon had got there first and forestalled his own attempt. Also those by wronging whom we shall be able to do many righteous acts; for we feel that we can then easily cure the harm done.
(25)
Thus Jason the Thessalian said that it is a duty to do some unjust acts in order to be able to do many just ones.

Among the kinds of wrong done to others are those that are done universally, or at least commonly: one expects to be forgiven for doing these. Also those that can easily be kept dark, as where things that can rapidly be consumed like eatables are concerned,
(30)
or things that can easily be changed in shape, colour, or combination, or things that can easily be stowed away almost anywhere—portable objects that you can stow away in small corners, or things so like others of which you have plenty already that nobody can tell the difference. There are also wrongs of a kind that shame prevents the victim speaking about, such as outrages done to the women in his household or to himself or to his sons.
(35)
Also those for which you would be thought
very litigious to prosecute any one—trifling wrongs, or wrongs for which people are usually excused.

The above is a fairly complete account of the circumstances under which men do wrong to others, of the sort of wrongs they do, of the sort of persons to whom they do them, and of their reasons for doing them.

13
     
[1373b]
It will now be well to make a complete classification of just and unjust actions. We may begin by observing that they have been defined relatively to two kinds of law, and also relatively to two classes of persons. By the two kinds of law I mean particular law and universal law. Particular law is that which each community lays down and applies to its own members: this is partly written and partly unwritten.
(5)
Universal law is the law of nature. For there really is, as every one to some extent divines, a natural justice and injustice that is binding on all men, even on those who have no association or covenant with each other. It is this that Sophocles’ Antigone clearly means when she says that the burial of Polyneices was a just act in spite of the prohibition: she means that it was just by nature.
(10)

And so Empedocles, when he bids us kill no living creature,
(15)
says that doing this is not just for some people while unjust for others,

And as Alcidamas
⁶⁴
says in his Messeniac Oration.…

The actions that we ought to do or not to do have also been divided into two classes as affecting either the whole community or some one of its members.
(20)
From this point of view we can perform just or unjust acts in either of two ways—towards one definite person, or towards the community. The man who is guilty of adultery or assault is doing wrong to some definite person; the man who avoids service in the army is doing wrong to the community.
(25)

Thus the whole class of unjust actions may be divided into two classes, those affecting the community, and those affecting one or more other persons. We will next, before going further, remind ourselves of what ‘being wronged’ means. Since it has already
⁶⁵
been
settled that ‘doing a wrong’ must be intentional, ‘being wronged’ must consist in having an injury done to you by some one who
intends
to do it. In order to be wronged, a man must (1) suffer actual harm, (2) suffer it against his will.
(30)
The various possible forms of harm are clearly explained by our previous
⁶⁶
separate discussion of goods and evils. We have also seen that a voluntary action is one where the doer knows what he is doing.
⁶⁷
We now see that every accusation must be of an action affecting either the community or some individual. The doer of the action must either understand and intend the action, or not understand and intend it. In the former case,
(35)
he must be acting either from deliberate choice or from passion. (Anger will be discussed when we speak of the passions
⁶⁸
; the motives for crime and the state of mind of the criminal have already
⁶⁹
been discussed.) Now it often happens that a man will admit an act, but will not admit the prosecutor’s label for the act nor the facts which that label implies.
[1374a]
He will admit that he took a thing but not that he ‘stole’ it; that he struck some one first, but not that he committed ‘outrage’; that he had intercourse with a woman, but not that he committed ‘adultery’; that he is guilty of theft, but not that he is guilty of ‘sacrilege’, the object stolen not being consecrated; that he has encroached, but not that he has ‘encroached on State lands’;
(5)
that he has been in communication with the enemy, but not that he has been guilty of ‘treason’. Here therefore we must be able to distinguish what is theft, outrage, or adultery, from what is not, if we are to be able to make the justice of our case clear, no matter whether our aim is to establish a man’s guilt or to establish his innocence. Wherever such charges are brought against a man,
(10)
the question is whether he is or is not guilty of a criminal offence. It is deliberate purpose that constitutes wickedness and criminal guilt, and such names as ‘outrage’ or ‘theft’ imply deliberate purpose as well as the mere action. A blow does not always amount to ‘outrage’, but only if it is struck with some such purpose as to insult the man struck or gratify the striker himself. Nor does taking a thing without the owner’s knowledge always amount to ‘theft’,
(15)
but only if it is taken with the intention of keeping it and injuring the owner. And as with these charges, so with all the others.

We saw that there are two kinds of right and wrong conduct towards others, one provided for by written ordinances, the other by unwritten. We have now discussed the kind about which the laws have something to say.
(20)
The other kind has itself two varieties. First, there is the conduct that springs from exceptional goodness or badness,
and is visited accordingly with censure and loss of honour, or with praise and increase of honour and decorations: for instance, gratitude to, or requital of, our benefactors, readiness to help our friends, and the like. The second kind makes up for the defects of a community’s written code of law.
(25)
This is what we call equity; people regard it as just; it is, in fact, the sort of justice which goes beyond the written law. Its existence partly is and partly is not intended by legislators; not intended, where they have noticed no defect in the law; intended,
(30)
where they find themselves unable to define things exactly, and are obliged to legislate as if that held good always which in fact only holds good usually; or where it is not easy to be complete owing to the endless possible cases presented, such as the kinds and sizes of weapons that may be used to inflict wounds—a lifetime would be too short to make out a complete list of these. If, then, a precise statement is impossible and yet legislation is necessary,
(35)
the law must be expressed in wide terms; and so, if a man has no more than a finger-ring on his hand when he lifts it to strike or actually strikes another man, he is guilty of a criminal act according to the written words of the law; but he is innocent really, and it is equity that declares him to be so.
[1374b]
From this definition of equity it is plain what sort of actions, and what sort of persons, are equitable or the reverse. Equity must be applied to forgivable actions; and it must make us distinguish between criminal acts on the one hand,
(5)
and errors of judgement, or misfortunes, on the other. (A ‘misfortune’ is an act, not due to moral badness, that has unexpected results: an ‘error of judgement’ is an act, also not due to moral badness, that has results that might have been expected: a ‘criminal act’ has results that might have been expected, but
is
due to moral badness, for that is the source of all actions inspired by our appetites.
(10)
) Equity bids us be merciful to the weakness of human nature; to think less about the laws than about the man who framed them, and less about what he said than about what he meant; not to consider the actions of the accused so much as his intentions, nor this or that detail so much as the whole story; to ask not what a man is now but what he has always or usually been.
(15)
It bids us remember benefits rather than injuries, and benefits received rather than benefits conferred; to be patient when we are wronged; to settle a dispute by negotiation and not by force; to prefer arbitration to litigation—for an arbitrator goes by the equity of a case,
(20)
a judge by the strict law, and arbitration was invented with the express purpose of securing full power for equity.

The above may be taken as a sufficient account of the nature of equity.